A person or company that has been unjustifiably threatened with patent infringement litigation may seek an injunction to prevent the...

The case of IPC Global Pty Ltd v Pavetest Pty Ltd (No 4) [2017] FCA 260 (16 March 2017) shows that using even a small proportion of third...

In the patent infringement case of Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2017] FCA 250 , Bayer made an offer of...

If you have any prospect of business in China, it is wise to register your mark there before your business associates or competitors do...

In the case of Apple & Pear Australia Ltd v Pink Lady America LLC [2015] VSC 617, the Victorian Supreme Court determined that a...

Registering a trade mark will provide a defence against trade mark infringement claims, but not to actions for misleading or deceptive...

The case of Ahiida Pty Ltd v JB Trading Group Pty Ltd [2016] FCCA 3146 shows that compensation can still be awarded even if the owner of...

Recipes are most effectively protected by the law of trade secrets, rather than copyright or patents. ​Well known secret recipes were...

The case of Kafataris v Davis [2016] FCAFC 134 shows that you only disclose your invention to interested third parties under a...

In APRA v Dion [2016] FCCA 2330, the Federal Circuit Court awarded $34,822 for copyright infringement and $400,000 for flagrant...

If you registered your trade mark over 3 years ago, and you haven't used it in the course of trade for 3 years, then a competitor could...

The case of Tolkien Estate Limited v Saltalamacchia [2016] FCA 944 shows that if you ignore cease and desist notices, you are likely to...

If you register your design, you will be able to stop the sale of products which are not just identical to your registered design, but...

If an original architectural design is made, then the designer will own the copyright in those designs. If the designer is the...

In the case of D'Arcy v Myriad Genetics Inc [2015] HCA 35, the High Court of Australia unanimously determined that the isolated nucleic...

If you ask someone to sign a confidentiality agreement before you disclose your provisional patent application to them, then you can sue...

The Full Federal Court of 5 judges held in Bristol-Myers Squibb Company (BMS) v Apotex Pty Ltd [2015] FCAFC 2 that a patent will be...

A trade mark has to be distinctive in order to function as a trade mark. It cannot contain terms which traders generally use to describe...

Many people think its a good idea to use descriptive terms in their trade marks to help consumers understand the nature of their...

The High Court affirmed that methods of medical treatment can be patented in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA...

Without the infringing goods, or some direct evidence of infringement, a court will not be able to make a finding of trade mark...

"Grey goods" are genuine goods imported into Australia by someone other than the trade mark owner or an authorised licensee. This is...

Short answer: definitely not. Why? Because it's difficult to stop others from using them. A case in point is the PERSIAN FETTA trade...

Section 35(6) of the Copyright Act provides that: "Where a literary, dramatic or artistic work … is made by the author in pursuance of...